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Implementation of Working Contract with Degree Certificate as a Collateral Related to the Freedom of Contract Principles and Human Rights

Description:

This research examines the issues related to the detention of degree certificate as collateral by the employer which provides the consequence that the employee cannot get the better jobs. The powerful position of the employer from economical side provides the outcome for the contract characteristic as a standard contract and as well as its model as a vertical contract. This research will examines how the contract should be, that provides the equilibrium principle for both parties. From the results of the study, the authors will find that the previous researchers “mostly examined legal protection for workers who were detained by their degree certificate, and never examined their roots, namely the basic rights of workers who were violated in detention of degree certificate and the basic principles of contract violated, so that the implementation of work ties by using a degree certificate as a collateral by examining its relation to the principle of freedom of contract and human rights have never been done before ” The methodology is normative juridical of which the result of this research are the problem is not regulated whilst there are some cases reported. The result showed that the principle of freedom of contract which is implemented in the form of standard contract and there is no supervision from the goverment. Therefore, in the case of work bond with degree certificate as collateral, the impact of loss for the workers, where there is a violation of Human Rights of the workers.

Author:

  1. Nin Yasmine Lisasih

Source:

International Conference on Recent Innovation 2018[/vc_column_text][/vc_column][/vc_row]